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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles(1), and in particular the first subparagraph of Article 8(9) thereof,
Whereas:
(1) According to Article 8 of Regulation (EC) No 443/2009 Member States must every year record and transmit certain data to the Commission about new passenger cars registered in their territory in the previous year. As those data are to serve as the basis for determining the specific CO2 emissions target for manufacturers of new passenger cars and for the assessment of whether manufacturers comply with those targets, it is necessary to harmonise the rules on the collection and reporting of those data.
(2) In order to assess fully whether each manufacturer complies with its specific CO2 emissions target established according Regulation (EC) No 443/2009 and to gain the necessary experience of the application of that Regulation, the Commission needs detailed data at manufacturer level for each vehicle series defined by type, variant and version. Member States should therefore ensure that such data are recorded and transmitted to the Commission together with the aggregated data in accordance with Article 8(2) of that Regulation.
(3) Pursuant to Articles 18 and 26 of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(2), a manufacturer must ensure that each new passenger car placed on the market in the EU is accompanied by a valid certificate of conformity and a Member State cannot register such a vehicle unless it is accompanied by such a certificate of conformity. It is logical, therefore, that the certificate of conformity should be the primary source for the information that the Member States are required to record, make available to manufacturers pursuant to Article 8(1) of Regulation (EC) No 443/2009 and report to the Commission. In order to allow Member States to use information from sources other than the certificate of conformity, as indicated in recital 26 of Regulation (EC) No 443/2009, for the purpose of completing the process of registration and entry into service of a new passenger car, it is appropriate to establish which other documents provide equivalent accuracy and which therefore should also be permitted for use by the Member States.
(4) It is important that the data on the registration of new passenger cars is accurate and can be processed effectively for the purpose of establishing the specific emission target in accordance with Article 4 of Regulation (EC) No 443/2009. Manufacturers should therefore provide the Commission with up-to-date information on the names and the first section of the Vehicle Identification Number as specified in Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment(3) that are used on the certificates of conformity in the different Member States of registration. That information will enable the Commission to provide the Member States with an updated list of designated manufacturers’ names which should be used for the purpose of data reporting.
(5) Member States should record and report information about newly registered vehicles that are designed to use alternative fuels. In order to allow the Commission to take into account reductions to the specific emissions target due to the use of ethanol (E85) fuel in accordance with Article 6 of Regulation (EC) No 443/2009, Member States should provide the Commission with the necessary information including the proportion of filling stations in their territory and, where applicable, the total number of those which provide ethanol (E85) fuel meeting the sustainability criteria set out in Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC(4), and in Article 7b of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC(5).
(6) Articles 23 and 24 of Directive 2007/46/EC provide for a simplified approval procedure for which it is not required to issue a European certificate of conformity. Member States should monitor the number of vehicles registered under those procedures in order to assess its impact on the monitoring process and the attainment of the EU’s average CO2 emissions target for the new passenger car fleet.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,
HAS ADOPTED THIS REGULATION:
In addition to the definitions set out in Articles 2 and 3 of Regulation (EC) No 443/2009, the following definitions shall apply:
‘type-approval documentation’ means the documents including the data specified in the third column of the table set out in Annex I to this Regulation;
‘aggregated monitoring data’ means the aggregated data specified in the first table in Part C of Annex II to Regulation (EC) No 443/2009;
‘detailed monitoring data’ means the detailed data specified in the second table in Part C of Annex II to Regulation (EC) No 443/2009 which is disaggregated by manufacturer and vehicle series as defined by the type, variant and version;
‘base vehicle’ is as defined in Article 3(18) of Directive 2007/46/EC;
‘bi-fuel gas vehicle’ and ‘flex-fuel ethanol vehicle’ are as defined in Article 2 of Commission Regulation (EC) No 692/2008(6).
The aggregated monitoring data together with the detailed monitoring data shall be transmitted by the Member States via electronic data transfer to the Central Data Repository managed by the European Environmental Agency. Member States shall notify the Commission when the data is transmitted.
1.Irrespective of the data source used by each Member State to prepare the aggregated monitoring data and the detailed monitoring data, these data shall be based upon information contained in the certificate of conformity of the relevant passenger car or the type-approval documentation including the information specified in Annex III and Annex VIII to Directive 2007/46/EC as specified in the table in Annex I to this Regulation.
2.The parameter ‘total number of new registrations’ in the detailed monitoring data shall be determined from the total number of registration records created in each year which relate to a unique vehicle.
3.Where there is more than one name of a manufacturer on the certificate of conformity or type-approval documentation, the Member State shall report the manufacturer of the base vehicle.
4.The CO2 emission values to be reported under the parameter ‘Specific emissions of CO2’ in the detailed monitoring data shall be taken from the entry ‘combined’ in the certificate of conformity or the type-approval documentation, except in the case when the entry for ‘weighted combined’ applies.
5.In reporting the alternative fuel vehicles in the detailed monitoring data, the competent authority shall provide the fuel type and fuel mode as specified in Annex I to this Regulation.
6.In the case of bi-fuel gas or flex-fuel ethanol vehicles, the competent authority shall report the following CO2 emission values under the parameter ‘Specific emissions of CO2 (g/km)’ in the detailed monitoring data:
(a)for bi-fuel gas vehicles using petrol and gaseous fuels, the CO2 emissions value for the liquefied petroleum gas (LPG) or natural gas (NG) in accordance with point 2 in Part A of Annex II to Regulation (EC) No 443/2009;
(b)for flex-fuel ethanol vehicles using petrol and ethanol (E85) fuel referred to in Article 6 of Regulation (EC) No 443/2009, the CO2 emission value for petrol.
In the case of point (b), Member States shall report the petrol value also where the conditions for a reduction set out in Article 6 of Regulation (EC) No 443/2009 are not met. Member States may however also report the E85 value.
[F17. Where a vehicle is equipped with axle tracks of different widths, the Member State shall report the maximum axle width under the parameters ‘ Track width steering axle ’ or ‘ Track width other axle ’ in the detailed monitoring data.]
8.Where the aggregated monitoring data and the detailed monitoring data are taken from the type-approval documentation, and where those data contains ranges of values, the Member States shall ensure that the reported data provide adequate accuracy, and are in accordance with the data contained in the certificate of conformity.
Textual Amendments
The Member States shall ensure the maintenance, collection, control, verification and transmission of the aggregated monitoring data and the detailed monitoring data.
When completing the detailed monitoring data, Member States shall include:
for each vehicle with specific emissions of CO 2 of less than 50 g CO 2 /km, the number of vehicles registered without applying the multiplication factors laid down in Article 5 of Regulation (EC) No 443/2009;
[F2for each vehicle, the deviation factor (De) and the verification factor determined in accordance with point 3.2.8 of Annex I to Commission Implementing Regulation (EU) 2017/1153 (7) ;]
for each vehicle equipped with innovative technologies, the specific emissions of CO 2 without taking into account the CO 2 emissions reduction through innovative technologies granted in accordance with Article 12 of Regulation (EC) No 443/2009.
The detailed monitoring data shall be reported with the precision set out in the table in Annex II to this Regulation.
[F3Notwithstanding the detailed data parameters referred to in Annex II to Regulation (EC) No 443/2009, a Member State shall, with regard to the data monitored until 31 December 2017 , in addition to the already required parameters, report only the deviation factor ‘ De ’ and the verification factor. From 1 January 2018 all detailed monitoring data specified in Annex II shall be monitored and reported.] ]
Textual Amendments
F1 Substituted by Commission Implementing Regulation (EU) No 396/2013 of 30 April 2013 amending Regulation (EU) No 1014/2010 as regards certain requirements for the monitoring of CO2 emissions from new passenger cars (Text with EEA relevance).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
1. Where passenger cars are subject to national type-approval of small series in accordance with Article 23 of Directive 2007/46/EC or to individual approval in accordance with Article 24 of that Directive, Member States shall inform the Commission of the respective number of such cars registered in their territory, as specified in the first table in Part C of Annex II to Regulation (EC) No 443/2009.
2. Member States may complete the detailed monitoring data for the vehicles referred to in paragraph 1, and shall in that case use one of the following denominations instead of the name of manufacturer:
(a) ‘ AA-IVA ’ for reporting vehicle types approved individually;
(b) ‘ AA-NSS ’ for reporting vehicle types approved nationally in small series.]
Textual Amendments
1.Manufacturers shall by 15 December 2010, notify the Commission of the following:
(a)the names they indicate or intend to indicate on the certificates of conformity;
(b)the first section of any Vehicle Identification Number as specified in Directive 76/114/EEC that they indicate or intend to indicate on the certificates of conformity.
They shall notify the Commission without delay of any changes to the information referred to in points (a) and (b). New manufacturers entering the market shall notify the details referred to in the first subparagraph to the Commission without delay.
2.In completing the aggregated monitoring data and the detailed monitoring data, the competent authority shall use the names of the manufacturers taken from the list that is to be drawn up by the Commission on the basis of the names notified pursuant to paragraph 1. That list shall be published on the Internet for the first time on 31 December 2010 and shall be updated at regular intervals.
3.Where the name of a manufacturer is not included in that list, the competent authority shall use the name on the certificate of conformity or in the type-approval documentation for the purpose of completing the aggregated monitoring data and the detailed monitoring data.
1.For the purpose of the notification referred to in the second subparagraph of Article 8(4) of Regulation (EC) No 443/2009, manufacturers shall, at the latest by 31 May every year, inform the Commission of the relevant name and address of the contact person to whom the notification shall be addressed.
In the event of any change to the provided data the manufacturer shall inform the Commission without delay. New manufacturers entering the market shall inform the Commission without delay of their contact details.
2.Where a group of connected undertakings forms a pool, it shall for the purposes of determining the applicability of Article 7(6) of Regulation (EC) No 443/2009 provide evidence to the Commission of the connection between the members of the group in accordance with the criteria laid down in Article 3(2) of that Regulation.
[F53. Manufacturers that notify errors in accordance with the first subparagraph of Article 8(5) of Regulation (EC) No 443/2009 shall use the provisional datasets notified by the Commission pursuant to Article 8(4) as a basis for their notification.
The error notification shall include all datasets relating to vehicle registrations for which the notifying manufacturer is responsible.
The error shall be indicated by a separate entry in the dataset for each version, entitled ‘ Manufacturer comments ’ , in which one of the following codes shall be specified:
(a) Code A , if the records have been changed by the manufacturer;
(b) Code B , if the vehicle is unidentifiable;
(c) Code C , if the vehicle falls out of the scope of Regulation (EC) No 443/2009 or is out of production.
For the purposes of point (b) of the third subparagraph, a vehicle is unidentifiable where the manufacturer cannot identify or correct the code for the type, variant and version, or, if applicable, the type approval number indicated in the provisional dataset.
4. Where a manufacturer has not notified errors to the Commission in accordance with paragraph 3, or where the notification is submitted after the expiry of the three-month period provided for in Article 8(5) of Regulation (EC) No 443/2009, the provisional values notified in accordance with Article 8(4) of that Regulation shall be considered as final.
5. The error notification referred to in paragraph 3 shall be submitted by electronic non-erasable data carrier marked ‘Notification of error — CO 2 from cars’, and shall be sent by mail to the following address:
European Commission
Secretariat-General
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
An electronic copy of the notification shall be sent for information to the following functional mailboxes:
EC-CO2-LDV-IMPLEMENTATION@ec.europa.eu
and
CO2-monitoring@eea.europa]
Textual Amendments
1. The provisional dataset to be notified to a manufacturer in accordance with the second subparagraph of Article 8(4) of Regulation (EC) No 443/2009 shall include the records which, on the basis of the manufacturer’s name and, from 1 January 2018 , the vehicle identification number, can be attributed to that manufacturer.
The central register referred to in the first subparagraph of Article 8(4) of Regulation (EC) No 443/2009 shall not include any data on vehicle identification numbers.
2. The processing of the vehicle identification numbers shall not include the processing of any personal data that could be linked to those numbers or any other data that could permit the linking of vehicle identification numbers with personal data.]
Textual Amendments
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
| a In accordance with Article 3(8) of this Regulation | ||
| b In accordance with Article 3(8) of this Regulation | ||
| c In accordance with Articles 3(7) and 3(8) of this Regulation | ||
| d In accordance with Articles 3 and 4 of Implementing Regulation (EU) 2017/1152. | ||
| e [F6Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 ( OJ L 175, 7.7.2017, p. 1 ).] ] | ||
| Parameter | Certificate of conformity (Part 1, Model B set out in Annex IX of Directive 2007/46/EC) | Type-approval documentation (Directive 2007/46/EC) |
|---|---|---|
| Manufacturer | Section 0.5 | Section 0.5 of Part I of Annex III |
| Type-approval number and its extension | Section 0.10 | Type-approval certificate as specified in Annex VI |
| Type | Section 0.2 | Section 0.2 of Part I of Annex III (where applicable) |
| Variant | Section 0.2 | Section 3 of Annex VIII (where applicable) |
| Version | Section 0.2 | Section 3 of Annex VIII (where applicable) |
| Make | Section 0.1 | Section 0.1 of Part I of Annex III |
| Commercial name | Section 0.2.1 | Section 0.2.1 of Part I of Annex III |
| Category of the vehicle type-approved | Section 0.4 | Section 0.4 of Part I of Annex III |
| Category of the vehicle registered | n/a | n/a |
| Mass in running order (kg) | Section 13 | Section 2.6 of Part I of Annex III a |
| Footprint — Wheel base (mm) | Section 4 | Section 2.1 of Part I of Annex III b |
| Footprint — Track width (mm) | Section 30 | Section 2.3.1 and 2.3.2 of Part I of Annex III c |
| Specific NEDC CO 2 emissions (g/km) d | Section 49.1 | Section 3 of Annex VIII |
| Specific WLTP CO 2 emissions (g/km) d | Section 49.4 | n/a |
| Fuel type | Section 26 | Section 3.2.2.1 of Part I of Annex III |
| Fuel mode | Section 26.1 | Section 3.2.2.4 of Part I of Annex III |
| Engine capacity (cm 3 ) | Section 25 | Section 3.2.1.3 of Part I of Annex III |
| Electric energy consumption (Wh/km) | Section 49.2 | Section 3 of Annex VIII |
| Code of the eco-innovation(s) | Section 49.3.1 | Section 4 of Annex VIII |
| Total NEDC CO 2 emissions savings due to the eco-innovation(s) | Section 49.3.2.1 | Section 4 of Annex VIII |
| Total emissions WLTP CO 2 savings due to the eco-innovation(s) | Section 49.3.2.2 | |
| Vehicle identification number | Section 0.10 | Point 9.17 of Part I of Annex III |
| Test mass [WLTP] | Section 47.1.1 | n/a |
| Deviation factor De | Section 49.1 | Appendix to the Addendum to the type-approval certificate set out in Appendix 4 to Annex I to Regulation (EU) 2017/1151 |
| Verification factor ( ‘ 1 ’ or ‘ 0 ’ ) | Section 49.1 | Appendix to the Addendum to the type-approval certificate set out in Appendix 4 to Annex I to Regulation (EU) 2017/1151 |
| [F6Vehicle family identification number | Point 5.0 of Annex XXI to Commission Regulation (EU) 2017/1151] e | |
Textual Amendments
F6 Inserted by Commission Implementing Regulation (EU) 2017/1231 of 6 June 2017 amending Implementing Regulation (EU) 2017/1153 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure for the purpose of clarifying procedural elements and amending Regulation (EU) No 1014/2010 (Text with EEA relevance).
The required precision of the detailed monitoring data to be reported in accordance with Article 2:
| CO 2 (g/km) | Integer |
| Mass (kg) | Integer |
| Wheel base (mm) | Integer |
| Track width steering axel — other axle (mm) | Integer |
| Emission reduction through innovative technologies (g/km) | Rounded to the nearest one decimal place] |
[F1 [F2Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 ( OJ L 175, 7.7.2017, p. 679 ).] ]